Information on obtaining permanent resident status, and the rights associated with that status [VEN42273.E]

The information that follows was provided by staff at the Embassy of Venezuela, in Ottawa, during 11 and 19 December 2003 telephone interviews.

There is no "permanent resident" status in Venezuela: besides diplomats and visiting officials, foreigners can be tourists, transient (transeúntes) and residents. Residents have "residence" status (residencia), which has to be renewed every five years. Residence can only be granted in Venezuela by the Foreigner Status Directorate (Dirección de Extranjería, DiEx), a branch of the Ministry of the Interior and Justice.

There has been no significant change in the procedures for the acquisition of resident status in recent years. Essentially, a foreigner has to apply before the DiEx. This requires holding a transient visa (there are various categories of transient visas) and providing identity documents and other documentation demonstrating that he or she has resided a minimum of two years in Venezuela. In many cases, the period of residence in Venezuelan territory is determined by the entry and exit stamps marked on a passport.

Foreigners living in Venezuela as a transient or as a resident (but not as a tourist) are issued a cédula or national identity card. Cards issued to Venezuelans carry a number preceded by the letter V, while cards issued to foreigners carry a number preceded by the letter E (for extranjero or foreigner). Foreigners with transient status have the word transeúnte written below the number on the card.

Residence status is lost if the foreigner is outside Venezuela for two continuous years (24 months). However, a return to Venezuelan territory before the two years have expired, even if only for a very brief visit, cancels the preceding period of absence, and a new period of absence starts to be counted when the person leaves Venezuelan territory again. In most cases, the periods of absence are determined by the stamps marked on the passport of the foreigner.

Foreigners can apply for Venezuelan citizenship after having lived legally in Venezuela for ten years--the exception is Spanish citizens and citizens of other Latin American countries, who need only five years of legal residence in Venezuela. The spouse of a Venezuelan citizen is not required to have resided in Venezuela before qualifying for Venezuelan citizenship: the main requirement for spouses to apply for citizenship is a minimum of five years of marriage to a Venezuelan citizen, regardless of place of residence.

Foreigners with resident status in Venezuela have essentially all the same rights as a citizen, except for political rights, which are limited. Political rights are understood as the right to run for elected office, occupy a public position at certain levels of government and engage in political activities while in Venezuela. Foreigners with resident status can only participate and vote in parish or municipal elections, not state or national political activities or elections.

Several years ago, businesses which had a Venezuelan majority-ownership qualified for some subsidies or other state economic benefits; however, those benefits have been eliminated or are equal for businesses that are mostly or wholly-owned by foreigners.

The legislation governing the status of foreigners in Venezuela includes the Constitution of Venezuela, issued in December 1999, and the laws and regulations related to the status of foreigners. Translated versions of the laws and regulations are currently unavailable.

Please consult Constitutions of the Countries of the World, available in Regional Documentation Centres for an English version of the Constitution of Venezuela that relates to various rights and to nationality and citizenship.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Embassy of Venezuela, Ottawa. 11 December 2003. Telephone interview with a consular official.

_____. 19 December 2003. Telephone interview with a consular official.

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